Leave of Absence

CGU provides paid sick leave to all employees as required by federal, state and local law. For more information related to sick leave, please see the Paid Sick Leave Policy and/or contact Human Resources.

Paid Family Leave is a component of CGU’s Voluntary Disability Plan. This program is designed to provide partial wage replacement for up to eight (8) weeks during a 12-month period for qualifying employees under one of the following situations:

1. To bond with a newborn child, adopted or foster child, stepchild, legal ward, a child of a registered domestic partner, or a child of a person standing in loco parentis (guardian) who is under age 18 or over age 18 and disabled. For bonding purposes PFL must be taken concurrently.
2. To provide care for an ill child, spouse, or registered domestic partner or;
3. To provide care for a biological, foster or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis (guardian) when the employee was a child. PFL benefits do not include provisions for parent-in-laws.

For an illness, employees can request to take PFL on an intermittent basis, if the care can be rendered to a family member is provided in intervals or if the medical condition affecting a family member is recurrent.

Employees cannot request to be placed on PFL if another family member is ready, willing, able and available to provide care to the ill or injured family member. Employees would be required to sign an affidavit.

All employees covered under CGU’s VDI program are eligible for PFL. The weekly benefit amount is based on the employee’s wages in the highest quarter of the employee’s base period.

Employees will not be able to supplement the PFL with any paid time (e.g. sick pay, family sick pay, accrued vacation) and will be responsible for making payments for any elected benefits they may have with the University.

PFL runs concurrently with FMLA/CFRA and PDL for employees who are eligible for those leaves. Employees will contact the Human Resources Office to apply for PFL benefits or for additional information regarding your PFL rights and benefits.

FMLA allows for 12 weeks* of unpaid leave in a 12-month period for:

1. Care of a spouse, child, or parent with a serious health condition;
2. Birth or adoption of a child, or placement of a foster child; or
3. For the employee’s own serious health condition.

• In order to be eligible for FMLA, an eligible employee must have completed at least 12 months of employment and must have provided at least 1,250 hours of service during the 12 months preceding commencement of the leave.
• CGU requires that any leave that meets FMLA criteria be counted toward the employee’s 12-week leave entitlement.
• Family/medical leave is unpaid. However, the employee may use his/her accrued vacation time while on a family medical leave. If the employee is on leave due to his/her own illness, the employee may use any paid sick leave or vacation in lieu of unpaid leave status. Vacation and sick days will not accrue while the employee is on a leave.
• If the need for a leave is foreseeable, the employee must provide 30 days’ written notice of the need for the leave. If the need for a leave is not foreseeable, or if it is otherwise not possible to provide 30 days’ notice, notice must be provided as soon as practicable. In no event shall the employee provide less than one or two days of notice.

California has a family and medical leave law known as the California Family Rights Act (CFRA) that closely parallels the federal Family and Medical Leave Act, with some key differences.  Like federal law, California law provides for a maximum of 12 weeks of unpaid job protected leave in a rolling 12-month period measured backward from the first day of leave for an employee’s own serious health condition, to care for the employee’s seriously ill parent, spouse, child or registered domestic partner, or for the birth, adoption, or foster care placement of the employee’s child.  If medically necessary, the leave may be taken intermittently, or as a reduced hours schedule.  Unlike federal FMLA, the CFRA does not provide a 26-week extension for care of an injured service member or military exigency leave (see the Military Family Leave policy).

Any leave taken under this policy, other CGU policies, or law which qualifies as leave under the FMLA and/or the CFRA will be counted against the available leave under the FMLA and/or the CFRA, to the full extent permitted by applicable law.  In most cases, employees are not entitled to take both 12 weeks of leave under the federal law plus another 12 weeks under the California law.  An important exception in California is pregnancy disability, where an employee may take up to four months of leave for pregnancy disability (including pre-natal appointments) which counts toward FMLA only, then leave of up to 12 weeks for the birth of the child under CFRA.  If you take leave for the birth, adoption or foster placement of a child under CFRA, you must take a minimum of two weeks at a time and must finish your leave within one year of the birth, adoption or foster care placement.  Under CFRA, an employee may take this type of leave for less than two weeks on any two occasions.

An employee returning timely from CFRA leave will be reinstated to the same or comparable position consistent with applicable law.

In order to be granted FMLA and/or CFRA leave, the employee must provide certification to the CGU Human Resources Office from her/his health care provider.

• If the leave is needed to care for an ill family member, the certification must contain the following information: (1) date of commencement of the serious health condition; (2) probable duration of the condition; (3) estimated amount of time the employee will be needed to provide care; and (4) that the serious health condition warrants the participation of a family member to provide care. If additional information is required by the University in order to determine if a “serious health condition” exists, the employee may be asked to provide a signed US Department of Labor Form WH-380 – Certification of Health Care Provider.”
• If the leave is needed for the employee’s own serious health condition, the certification must contain the following information: (1) date of commencement of the serious health condition; (2) probable duration of the condition; and (3) that the employee is unable to perform the function of his/her position because of the serious health condition or must be absent from work for medical treatment. If additional information is required by the University in order to determine if a “serious health condition” exists, the employee may be asked to provide a signed US Department of Labor Form WH-380 – Certification of Health Care Provider.”
• Failure to provide timely and complete medical certification may result in denial of a family/medical leave.
• If the leave is due to the employee’s own illness, CGU may require the employee to obtain a second medical certification from a health care provider selected by the University. In the event the first and second opinions differ, CGU may require the employee to obtain a third medical certification from a mutually agreed upon health care provider. The third opinion will be binding on the employee and on CGU. The second and third medical opinions, if required by the University, will be at the University’s expense.

• An employee who is on approved FMLA and/or CFRA leave is expected to return work upon medical release by her/his health care provider, whether or not the periods of time permitted under FMLA and/or CFRA have expired.
• Prior to returning to work, the employee must provide the CGU Human Resources Office with a signed note from her/his medical provider indicating that the employee is cleared to return to work. An employee who does not so return and provide such note will be considered to have voluntarily resigned and will be terminated from employment.
• With some exceptions, an employee who returns from an approved FMLA and/or CFRA leave on or before the expiration of the period of time required by law will be restored to the same or equivalent position. If, however, due to business reasons, the same or equivalent position ceased to exist during the employee’s leave, and, had the employee not taken the leave, the employee would not otherwise have been employed at the time reinstatement is requested, the University may not be required to reinstate the employee. In certain circumstances, the University may deny reinstatement to an employee who is among the highest paid 10 percent of the employees working for the University within 75 miles of the employee’s worksite, if necessary to prevent substantial economic injury.

CGU will continue the employee’s medical/dental coverage while the employee is on family/medical leave under the same terms and conditions as was provided while the employee was working. The employee is responsible for the same premiums for her/his medical/dental coverage as if he/she were at work. If the employee is on an unpaid leave of absence, or is receiving insufficient pay while on leave, she/he will need to make arrangements with the TCCS Benefits Office to pay for his/her portion of the premium within the first five days of each month. Failure to make timely payments may result in termination of medical/dental coverage.

If the employee fails to return from the leave, or returns to work for less than 30 days, the University may recover from the employee, the premiums it paid for maintaining medical/dental coverage during the leave period.

FMLA/CFRA leave is considered to run concurrently with Workers’ Compensation disability periods. Available sick leave must be coordinated with Workers’ Compensation benefits to approximate regular wages. Accrued vacation and/or personal holidays may be coordinated at the employee’s option.

• Any employee who is disabled on account of pregnancy, childbirth or related conditions (such as severe morning sickness, doctor-ordered bed rest, childbirth and/or recovery from childbirth), may take a pregnancy-related disability leave for the period of time she is actually disabled, up to a maximum of four months.  This policy provides leave only for the period that an employee is considered medically disabled.
• Pregnancy-related disability leaves may be taken intermittently or on a reduced hours schedule as needed.  Multiple disability leaves for the same pregnancy will be combined for the purposes of calculating the four months.  Pregnant employees may qualify for a transfer to a less strenuous or hazardous position, where such transfer is medically advisable because of pregnancy, childbirth, or a related medical condition that can be reasonably accommodated.  Pregnant employees may request reasonable accommodation for conditions related to pregnancy, childbirth or related medical conditions.
• A request for reasonable accommodation or transfer must be supported by the written certification from a health care provider that such an accommodation or transfer is medically advisable.
• During unpaid pregnancy disability leave, an employee may, at her option, use accrued vacation for any portion of the leave.  The use of paid leave during a pregnancy-related disability leave does not extend the total duration of the pregnancy-related disability leave to which an employee is entitled.
• An employee may also be eligible to receive benefits under CGU’s short-term disability and/or state disability insurance benefits.  Generally, upon return from an approved pregnancy disability leave that does not exceed the maximum available leave, employees will be reinstated to the same position, subject to any applicable exceptions.  However, pregnant employees have no greater rights to reinstatement or to other benefits and conditions of employment than if they had not taken pregnancy disability leave.
• As a condition of returning from a pregnancy disability leave, employees must provide a certification from a health care provider that they are able to resume work.  For more information, please contact the Human Resources Office.

Eligible employees may be entitled to up to 12 weeks of job- protected unpaid leave as new parents for the purpose of bonding with a newborn child under the New Parent Leave Act (“NPL”).  Employees eligible for parental leave are those who:

1. Have completed at least 1,250 hours of service with CGU during the previous 12-month period; and
2. Work at a facility with at least 20 employees within 75 miles.

• Eligible employees may receive up to 12 weeks of job-protected unpaid parental leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement.  During this time, CGU is required to maintain and pay for coverage under a group health plan for an employee on the same terms and conditions as for employees who are actively at work.
• If the employee fails to return to work when leave expires for any reason other than a continuation, recurrence, or an onset of a serious health condition, or another such circumstance beyond the employee’s control, CGU is entitled to recover coverage costs.
• In the event that both parents are employees for CGU, the combined mandated leave is 12 weeks total. Employers may allow both parent employees to take their leave simultaneously but is not required to do so.

Leaves of absence for personal reasons may, at CGU’s sole discretion, be granted for such purposes as career development, public service, or special family needs. In some cases, it is possible to grant a leave and to hold the position open for the employee’s return. In other cases, it is not possible to hold the position open. There is no guarantee that the employee will be returned to her/his former position. It is important that the supervisor and employee discuss a request for personal leave and that it is clearly understood whether or not the position will be held open for the employee’s return. Each request is considered on its own merit and must meet the following conditions:

• An employee must be on regular status and must have completed at least one year of continuous service.
• The request for leave must be approved by the employee’s supervisor and the senior staff member over the department. Consideration will be given to the employee’s reason for requesting the leave and the effect of the employee’s absence on the operation of the department and/or University.
• The maximum duration of a personal leave is one year. Leaves of absence for a period longer than 30 days normally are granted only to employees who have completed at least two years of continuous service.
• A leave of absence will not be granted to an employee who has accepted employment elsewhere. If an employee on leave accepts employment elsewhere, the leave will be ended immediately and employment terminated.
• Failure to return to work at the end of a leave will be considered a voluntary resignation of employment.
• When a leave is granted, there is no break in service. Employee benefits are discontinued during periods of leaves of absence for personal reasons.

• It is the policy of CGU to grant to regular employees paid leave for up to ten (10) days of jury duty whenever such leave does not result in an undue hardship on the department or the University.
• Upon receipt of a proposed juror questionnaire, notify your immediate supervisor and the CGU Human Resources Office, and submit a copy of the jury duty summons. If you are required to report for jury duty, you will continue to receive your salary for the period of the jury duty up to the ten-day period.
• During your jury leave, you will continue to accrue those benefits (such as vacation and sick time), if any, to which you were entitled before your jury leave began. In addition, during the jury leave, the University will continue to make those benefit contributions, if any, that it was making on your behalf before your leave began.